Anthony Locricchio v. Donald Trump, et al
| DAN SULLIVAN, Senator, JOHN CORNYN, Senator, STEVE DAINES, Senator, COREY GARDNER, Senator, JONI ERNST, Senator, MITCH MCCONNELL, Senator, MARTHA MCSALLY, Senator, DAVID PERDUE, Senator, MIKE ENZI, open Wyoming seat held by retiring Mike Enzi, JAMES E. RISCH, Senator, SUSAN COLLINS, Senator, LINDSEY GRAHAM, Senator, BEN SASSE, Senator, LAMAR ALEXANDER, Senator, KELLY LOEFFLER, Senator, CINDY HYDE-SMITH, Senator, TOM COTTON, Senator, SHELLEY MOORE CAPITO, Senator, STEVEN TERNER MNUCHIN, Sec. of Treasury, JAMES INHOFE, Senator, WILLIAM P. BARR, Attorney General, Attorney General, DONALD J. TRUMP, President and THOM TILLIS, Senator |
| ANTHONY PAUL LOCRICCHIO, Over 60 years of age class Hawaii residents |
| 21-15579 |
| March 31, 2021 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 7 Filed Appellant Anthony Paul Locricchio amended motion to reconsider. Deficiencies: None. [12103513] (JFF) [Entered: 05/05/2021 03:40 PM] |
| Filing 6 Filed Appellant Anthony Paul Locricchio motion to reconsider. Deficiencies: None. [12098549] (JFF) [Entered: 04/30/2021 02:46 PM] |
| Filing 5 Added Attorney(s) Marion Percell for party(s) Appellee William P. Barr Appellee Cindy Hyde-Smith Appellee Corey Gardner Appellee Shelley Moore Capito Appellee Dan Sullivan Appellee Steve Daines Appellee Lamar Alexander Appellee James Inhofe Appellee Kelly Loeffler Appellee Susan Collins Appellee Ben Sasse Appellee Thom Tillis Appellee Tom Cotton Appellee David Perdue Appellee Steven Terner Mnuchin Appellee James E. Risch Appellee Joni Ernst Appellee Martha McSally Appellee Mike Enzi Appellee Mitch McConnell Appellee Donald J. Trump Appellee John Cornyn Appellee Lindsey Graham, in case 21-15579. [12082307] (NAC) [Entered: 04/21/2021 01:19 PM] |
| Filing 4 Filed (ECF) notice of appearance of Marion Percell (U.S. Attorney's Office, District of Hawaii, 300 Ala Moana Blvd. Room 6-100, Honolulu, Hawaii 96850) for Appellees Lamar Alexander, William P. Barr, Shelley Moore Capito, Susan Collins, John Cornyn, Tom Cotton, Steve Daines, Mike Enzi, Joni Ernst, Corey Gardner, Lindsey Graham, Cindy Hyde-Smith, James Inhofe, Kelly Loeffler, Mitch McConnell, Martha McSally, Steven Terner Mnuchin, David Perdue, James E. Risch, Ben Sasse, Dan Sullivan, Thom Tillis, Donald J. Trump and Appellant Anthony Paul Locricchio. Date of service: 04/21/2021. (Party was previously proceeding with counsel.) [12082221] [21-15579] (Percell, Marion) [Entered: 04/21/2021 12:03 PM] |
| Filing 3 Filed order (RICHARD R. CLIFTON, MARY H. MURGUIA and DANIEL A. BRESS) A review of the record demonstrates that this court lacks jurisdiction over this appeal because the district court has not issued any orders that are final or appealable. See 28 U.S.C. 1291; see also Green v. Occidental Petroleum Corp., 541 F.2d 1335, 1338 (9th Cir. 1976) (district court must be of the opinion that the criteria of 28 U.S.C. 1292(b) are met; court of appeals lacks authority to assume an appeal under 1292(b) unilaterally). Consequently, this appeal is dismissed for lack of jurisdiction. DISMISSED. [12076399] (JMR) [Entered: 04/15/2021 04:42 PM] |
| Filing 2 Received copy of District Court order filed on 03/24/2021. EO: On March 22, 2021, Plaintiff Anthony Locricchio filed [23] a "Notice of Appeal." However, no final orders or judgment have yet been issued by the Court. Accordingly, the Court construes this notice as a motion for leave to file an interlocutory appeal. Locricchio appears to be requesting leave to appeal the Court's interlocutory orders denying an immediate ex parte "hearing" and relief he requested. Dkt. No. 23. He also asks that this case be transferred to the Ninth Circuit due to an abstract fear that this Court is somehow intimidated by certain political interests. Id. In short, neither of these stated reasons is proper grounds for an interlocutory appeal. See 28 U.S.C. 1292. Therefore, the "Notice of Appeal," which the Court construes as a motion for leave to appeal, is DENIED. This Court retains jurisdiction of this case and will proceed as such. See Nascimento v. Dummer, 508 F.3d 905, 908 (9th Cir. 2007) (explaining that, where an inappropriate appeal is taken, the district court retains jurisdiction over the case). IT IS SO ORDERED. (No document attached.) [12061789] (QDL) [Entered: 04/02/2021 10:38 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant Anthony Paul Locricchio opening brief due 05/21/2021. Appellees Lamar Alexander, William P. Barr, Attorney General, Shelley Moore Capito, Susan Collins, John Cornyn, Tom Cotton, Steve Daines, Mike Enzi, Joni Ernst, Corey Gardner, Lindsey Graham, Cindy Hyde-Smith, James Inhofe, Kelly Loeffler, Mitch McConnell, Martha McSally, Steven Terner Mnuchin, David Perdue, James E. Risch, Ben Sasse, Dan Sullivan, Thom Tillis and Donald J. Trump answering brief due 06/21/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [12059843] (JBS) [Entered: 03/31/2021 03:06 PM] |
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